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590 F. App'x 566 · Court of Appeals for the Sixth Circuit · Nov 4, 2014
To pierce the qualified immunity shield, McNeal must show (1) that Kott and LaLonde violated his constitutional rights and (2) that the right was “clearly established” at the time. See Leary, 528 F.3d at 441 . … Because McNeal cannot identify a violation of any “clearly established” right, Kott and LaLonde deserve qualified immunity.
Cited 11 timesUnpublishedDistrict Court, D. Maryland · Jul 17, 2025
Qualified Immunity Defendants assert that if Plaintiff has stated a viable claim, they are entitled to qualified immunity because it was not clearly established at the time … established for any future qualified immunity cases involving similar circumstances.”
Cited 0 timesUnknownGordon v. Holly Springs School District
District Court, N.D. Mississippi · Sep 27, 2021
Thomas, 843 F.3d 172, 177 (5th Cir. 2016) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.”) (quoting Mace v. … Qualified immunity calls for a bifurcated test in which the court must first determine (1) “whether the plaintiff has alleged a violation of a clearly established statutory or constitutional right that was clearly established
Cited 0 timesUnknown290 F.3d 965 · Court of Appeals for the Ninth Circuit · May 17, 2002
The officials defended on grounds of qualified immunity, arguing that until the Ninth Circuit upheld the district court decision in Crofton , the law with respect to the “no gift publication” policy was not “clearly established … The law would be clearly established and defendants’ qualified immunity defense would fail.
Cited 281 timesPublishedDistrict Court, N.D. Illinois · Sep 29, 2025
denied qualified immunity because it was clearly established— as of 1987—that prosecutors violate the Constitution when they fabricate evidence introduced at trial. 682 F.3d at 585–86 (emphasis added); see also Smith v. … clearly establish the right).
Cited 0 timesUnknown311 F. Supp. 2d 1241 · District Court, D. Kansas · Mar 31, 2004
The defense of qualified immunity shields government officials performing discretionary functions from individual liability under § 1983 unless their conduct violates “clearly established statutory or constitutional rights … reasonable in light of clearly established law.
Cited 34 timesPublishedReardon v. State of Mississippi
District Court, N.D. Mississippi · Jun 28, 2023
Once an individual raises qualified immunity in good faith, the burden shifts “to the plaintiff, who must rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established law … Here, once the individual actors raised qualified immunity, the burden shifted to Reardon to point to clearly established law indicating that the individual actors’ conduct was unlawful.
Cited 0 timesUnknownHamid Yazdianpour v. Safeblood Technologies, Inc.
779 F.3d 530 · Court of Appeals for the Eighth Circuit · Feb 27, 2015
Ct. 884, 891-92 (2011) (“Ordinarily, orders denying summary judgment do not qualify as ‘final decisions’ subject to appeal [under 28 U.S.C. § 1291].”); 28 U.S.C. § 2107(a) (requiring appeal be filed within thirty days after … As Wanlass dealt with constructive knowledge for purposes of a laches defense, it is inapposite to the issue whether Licensees can establish justifiable reliance for purposes of a fraud claim under Arkansas law.
Cited 14 timesPublishedRobert R. Rowe v. Fort Lauderdale
279 F.3d 1271 · Court of Appeals for the Eleventh Circuit · Jan 23, 2002
Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any “clearly established statutory or constitutional rights … But, by assuming the role of an investigator, he took on a qualified immunity that protected all of his actions in performing that role that did not violate clearly established rights of which a reasonable person in his
Cited 253 timesPublishedVorobyev v. Bloomsburg University of Pennsylvania
District Court, M.D. Pennsylvania · Oct 31, 2022
Moreover, we find that the law was not clearly established at the time of Wolfe’s alleged violative act; therefore, Wolfe is shielded by the doctrine of qualified immunity. … the right was clearly established.
Cited 0 timesUnknownHerrera v. Florence McClure Women's Correctional Center
District Court, D. Nevada · Sep 9, 2025
The defendants enjoy qualified immunity from Herrera’s claims because 11 she has not shown that their conduct violated a clearly established right. 12 Qualified immunity shields government officials “from … unlawful, summary judgment based on qualified 4 immunity is appropriate.”32 5 The central dispositive inquiry for finding a right “clearly established” is “whether it
Cited 0 timesUnknownCasey v. City of Federal Heights
509 F.3d 1278 · Court of Appeals for the Tenth Circuit · Dec 10, 2007
Clearly Established Law Because Officer Sweet asserts qualified immunity, we must decide not only whether Mr. … Clearly Established Law Like Officer Sweet, Officer Lor asserts qualified immunity, so we must also decide whether her use of excessive force violated “clearly established law.” Saucier, 533 U.S. at 207.
Cited 326 timesPublished94 F.4th 136 · Court of Appeals for the First Circuit · Feb 21, 2024
The District Court granted summary judgment to the defendants based on qualified immunity after determining that, at the relevant time, clearly established law did not treat such prolonged solitary … immunity because the law was not clearly established at the time.
Cited 13 timesPublishedPayne v. Cornhusker Motor Lines, Inc.
177 S.W.3d 820 · Missouri Court of Appeals · Aug 9, 2005
However, a trial court abuses its discretion when a ruling shocks one’s sense of justice, indicates a lack of consideration, and is clearly against the logic of the circumstances. Id. … Thus, although Section 490.680 requires a foundation consisting of testimony by a qualified witness, Section 490.692 allows this foundation to be established with an affidavit rather than by direct testimony. Smith v.
Cited 31 timesPublishedDistrict Court, S.D. Indiana · Feb 14, 2023
"A state official is protected by qualified immunity unless the plaintiff shows: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged … Stefanov has failed to establish that the constitutional right that he claims was violated was clearly established, Officer McIntyre is entitled to qualified immunity on Mr.
Cited 0 timesUnknownDistrict Court, S.D. West Virginia · Feb 28, 2023
Thus, if the WVRJCFA is shown to have “violated a clearly established right or law with respect to training, supervision, or retention of [the correctional officer], the WVRJCFA is not entitled to immunity … Va. 2017) (“qualified immunity is broad and protects all but the plainly incompetent or those who knowingly violate the law” (internal quotation marks and citations omitted)).
Cited 0 timesUnknownFambrough v. City of East Cleveland, Ohio
District Court, N.D. Ohio · Mar 19, 2025
“The doctrine of qualified immunity provides that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Although Smedley was not entitled to qualified immunity at the motion to dismiss stage, the record before the Court on summary judgment establishes he is entitled to qualified immunity.
Cited 0 timesUnknownDistrict Court, E.D. Pennsylvania · Mar 2, 2023
Qualified immunity protects officers when the law underlying the alleged violations is not clearly established. … Accordingly, the relevant right was not clearly established and Defendants are shielded by qualified immunity.
Cited 0 timesUnknown139 F.3d 1367 · Court of Appeals for the Eleventh Circuit · Apr 29, 1998
Other than this brief comment, nothing in the record tells us why the court concluded that the appellant did not qualify for a § 5C1.2 reduction. … Furthermore, the evidence in the record does not clearly establish that he did not qualify.
Cited 11 timesPublishedKennedy v. City of Villa Hills, Ky.
635 F.3d 210 · Court of Appeals for the Sixth Circuit · Mar 24, 2011
In the context of qualified immunity, preexisting, clearly established law refers to “binding precedent from the Supreme Court, the Sixth Circuit, the district court itself, or other circuits that is directly on point.” … To defeat Schutzman’s qualified- immunity defense, Kennedy must also demonstrate that his right to be free from retaliatory arrest in such a context was clearly established.
Cited 80 timesPublished
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